Australian Military Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 258

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REGULATIONS UNDER THE DEFENCE ACT 1903-1941 *

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Defence Act 1903-1941.

Dated this sixth day of October, 1943.

Governor-General.

By His Excellency’s Command,

Minister of State for the Army.

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Amendments of the Australian military regulations.

1. Regulations 140a, 140b and 141a of the Australian Military Regulations are repealed and the following regulations inserted in their stead:—

Enrolment

“140a. (1) Subject to sub-regulation (2) of this regulation, the Military Board may, by notices issued from time to time in accordance with this regulation, require persons liable to serve in the Citizen Forces in time of war to enrol therein.

(2) The following persons shall be exempt from enrolment under this regulation so long as the employment, condition or status on which the exemption is based continues:—

(a) Persons enlisted in, or appointed to, the Defence Force who are performing continuous full time service under that enlistment or appointment;

(b) Persons temporarily absent from Australia;

(c) Members and officers of the Parliament of the Commonwealth or of a State; and

(d) Judges of Federal or State Courts, and police, stipendiary or special magistrates of the Commonwealth or of a State.

* Notified in the Commonwealth Gazette on  , 1943.

  Statutory Rules 1927, No. 149, as amended by Statutory Rules 1928, Nos. 23, 28 and 126; 1929, No. 123; 1930, Nos. 26, 67 and 92; 1931, No. 13; 1932, Nos. 80, 87 and 125; 1933, Nos. 49 and 77; 1934, Nos. 26 and 80; 1935, Nos. 99 and 109; 1936, Nos. 21, 44 and 100; 1937, No. 45; 1938, Nos. 75, 90 and 93; 1939, Nos. 31, 51, 58, 115, 128, 134, 160 and 173; 1940, Nos. 2, 16, 29, 59, 150, 183, 184, 185, 186, 199, 237, 252, 272 and 273; 1941, Nos. 3, 4, 14, 43, 135, 153, 155, 205, 245, 246, 260 and 311; 1942, Nos. 35, 59, 60, 85, 114, 166, 179, 211, 231, 289, 333, 334, 350, 417, 477, 506, 508, 521, 522, 555 and 556; and 1943, Nos. 17, 72 and 126.

4579.—Price 3d.  25/24.7.1943.

 

(3) A notice issued by the Military Board in accordance with this regulation shall be—

(a) exhibited at a Post Office or other place authorized by the Military Board;

(b) published in one or more daily newspapers circulating in each State or Territory of the Commonwealth in which persons affected by the notice reside; or

(c) delivered by hand to, or posted to the last known place of abode of, the person to whom it relates.

(4) Production of a notice purporting to have been issued by the Military Board under this regulation and certified by an officer to be a true copy of the original shall be primary evidence of such notice.

(5) Every person who is required to enrol in accordance with a notice issued under this regulation shall enrol within seven days after the issue of the notice, or, if the notice specifies a date on or before which enrolment shall take place on or before that date.

(6) Any person who, at the time when any notice is issued requiring persons to enrol in accordance with this regulation, is not within the terms of that notice, or is exempt from enrolment under this regulation and who subsequently comes within the terms of that notice or ceases to be so exempt from enrolment, shall enrol in the Citizen Forces within seven days after coming within the terms of that notice or ceasing to be exempt from enrolment, as the case may be, unless that notice has previously been revoked by the Military Board.

(7) Enrolment under this regulation shall be effected by filling in an enrolment form in accordance with Form M.3a in Appendix IIIa. to these Regulations and delivering it to the area officer of the area in which the person enrolling resides or to the nearest area officer, or delivering it to a postmaster.

(8) Copies of the enrolment form prescribed by this regulation shall be supplied by each area officer to every postmaster in his area, and every such postmaster shall on application issue an enrolment form to any person liable to enrol, and shall, within three days after receiving a completed enrolment form, send it to the area officer. Every postmaster, when he needs enrolment forms to enable him to comply with this regulation, shall apply to the area officer for them.

(9) Any person enrolled in accordance with this regulation who—

(a) changes his address, or

(b) changes his employment, industry or occupation, shall, within seven days of that change, notify the full particulars thereof—

(i) in the case of a change of address, where the former address and the new address are in the same area, to the Area Officer of that area;

(ii) in the case of a change of address from a place in one area to a place in another area, to the Area Officer of each of those areas; or

(iii) in the case of a change of employment, industry or occupation, to the Area Officer of the area in which he resides:

Provided that notification of change of address pursuant to the provisions of the National Security (Man Power) Regulations (proof

 

whereof shall lie upon the person giving the notification) shall, if given, within seven days of that change, be deemed to be sufficient notification in lieu of the notification proscribed by this sub-regulation.

(10) Any person who fails to enrol or to notify any change of address, or any change of employment, industry or occupation, in accordance with this regulation shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months.

(11) If an area officer has reason to believe that any person is liable to be enrolled under this regulation and has not been so enrolled, he may serve personally or by past on that person a notice calling on him to furnish, within seven days after service of the notice, answers to specified questions for the purpose of ascertaining the particulars required to be set out in the enrolment form prescribed by this regulation.

(12) If within seven days after service of the notice mentioned in sub-regulation (11) of this regulation, the person served does not furnish answers to the questions specified in the notice, and the area officer, upon consideration of the best information available, is of opinion that that person is liable to be enrolled, he may enrol the person and serve notice of the enrolment upon him personally, or by post, and, unless within seven days after service of the notice of enrolment the person, shows to the satisfaction of the area officer that the particulars entered on the enrolment form by the area officer are not correct, and furnishes correct particulars, the enrolment and the particulars so entered shall be conclusive as against the person enrolled.

(13) A person who has, whether before or after the commencement of this sub-regulation, failed to enrol or to notify any change of address or any change of employment, industry or occupation within the time appointed by this regulation shall be under a fresh, obligation to enrol or to notify the change, as the case may be, on every day after that failure until he has enrolled or notified the change of address or change of employment, industry or occupation.

Preliminary examination.

“140b. (1) Every person called upon to enlist and serve in pursuance of D.A.60 shall, notwithstanding any claim to exemption—

(a) attend at such time and place as is specified in any notice served upon him from time to time in accordance with this regulation for the purpose of medical examination or interview; and

(b) give such information as is required of him by any Commonwealth officer.

(2) A notice shall be deemed to have been served in accordance with this regulation if issued by an Area Officer and delivered by hand to, or posted to the last known place of abode of, the person to whom it relates.

(3) Any person who fails to attend or to give information in accordance with this regulation shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months.

 

Final examination.

“140c. (1) Every person served with a notice in accordance with this regulation stating that he has been made available for service with the Defence Force shall, notwithstanding any claim to exemption—

(a) attend at such time and place as is specified in the notice; and

(b) proceed, in accordance with the orders of any member of the Australian Military Forces authorized in that regard, to such Recruit Reception Depot or other place as is specified in the notice.

(2) A notice shall be deemed to have been served in accordance with this regulation if issued by an Area Officer and delivered by hand to, or posted to the last known place of abode of, the person to whom it refers.

(3) A person attending in accordance with the requirements of the notice referred to in sub-regulation (1) of this regulation shall—

(a) if accepted for service and enlisted, be deemed for the purposes of the War Financial (Military Forces) Regulations to be a private soldier from the date on which he necessarily leaves his residence for the purpose of that attendance to the date of enlistment;

(b) if not accepted for service, be entitled to receive an amount equal to the rate of pay of a private soldier prescribed by those Regulations for the period for which, he is necessarily absent from his residence.

(4) Any person who fails to attend, or proceed in accordance with this regulation shall be guilty of an offence.

Penalty: Twenty pounds or imprisonment for three months.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.